Two liberal legal experts are urging congressional action to prevent President-elect Donald Trump from taking office, citing Section 3 of the 14th Amendment.
Evan Davis, the former editor in chief of the Columbia Law Review and David Schulte, the former editor in chief of the Yale Law Journal, penned an opinion piece for The Hill, calling for disqualification.
This constitutional clause bars individuals who have engaged in insurrection or rebellion against the United States, or given aid or comfort to its enemies, from holding federal or state office.
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The argument hinges on interpretations of “engaging in insurrection,” with lawyers pointing to three key proceedings as evidence that Trump violated this provision:
Trump’s Second Impeachment Trial
In January 2021, the House of Representatives impeached Trump for “incitement of insurrection” following the January 6 Capitol attack.
While the Senate acquitted Trump due to falling short of the two-thirds majority needed for conviction, proponents argue the majority vote in favor supports the case for disqualification under the 14th Amendment. READ: U.S. Senator Rubio Calls Trump Impeachment Trial “Stupid”
Colorado Judicial Ruling
A Colorado court found “clear and convincing evidence” that Trump engaged in insurrection, as defined by Section 3 of the 14th Amendment.
The ruling was upheld by the Colorado Supreme Court but later limited by the U.S. Supreme Court, which held that states lack the authority to disqualify federal candidates, requiring federal legislation for enforcement. MUST READ: Supreme Court Approval Rating Increases After It Blocked Colorado From Kicking Trump Off Ballot
The January 6th Committee Findings
The House Select Committee’s investigation says that Trump pressured then-Vice President Mike Pence to unlawfully overturn Electoral College votes.
The report concluded Trump’s actions amounted to insurrection, including inciting chants of “Hang Mike Pence” during the Capitol riot. MUST READ: In PBS Documentary, J6 Committee Members, Supporters Acknowledge Proceeding Was A Sham
The Democratic lawyers argue that Congress has the authority to act under the Constitution and the Electoral Count Act of 2022, which provides a framework for challenging the validity of Electoral College votes. They contend that votes cast for Trump could be deemed “not regularly given,” a criterion outlined in the act, due to his alleged disqualification.
To formally challenge Electoral College votes for Trump, at least 20% of members in each chamber must support an objection. If a majority in both the House and Senate sustains the objection, Trump’s votes would not be counted, potentially altering the presidential outcome.
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Critics note the improbability of Republican lawmakers backing such a move, given the political ramifications and the possibility of elevating Vice President Kamala Harris to the presidency. Legal experts also highlight the challenges of enforcing Section 3 without new federal legislation, as suggested by the U.S. Supreme Court in the Colorado case.
Despite these obstacles, proponents argue that refusing to act would undermine the Constitution. “Democrats must fulfill their oath to defend the Constitution by objecting to Electoral College votes for a disqualified candidate,” one legal advocate said.
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